(1) Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. Each skier expressly accepts and assumes the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing; except that a skier is not precluded under this article from suing another skier for any injury to person or property resulting from such other skier's acts or omissions. Notwithstanding any provision of law or statute to the contrary, the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.
(2) Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him.
(3) No skier shall ski on a ski slope or trail that has been posted as "Closed" pursuant to section 33-44-107 (2)(e) and (4).
(4) Each skier shall stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and any other equipment on the ski slopes and trails.
(5) Each skier has the duty to heed all posted information and other warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier shall be presumed to have seen and understood all information posted in accordance with this article near base area lifts, on the passenger tramways, and on such ski slopes or trails as he is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted in accordance with sections 33-44-106 and 33-44-107.
(6) Each ski or snowboard used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski or snowboard should the ski or snowboard become unattached from the skier. This requirement shall not apply to cross country skis.
(7) No skier shall cross the uphill track of a J-bar, T-bar, platter pull, or rope tow except at locations designated by the operator; nor shall a skier place any object in such an uphill track.
(8) Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty of avoiding moving skiers already on the ski slope or trail.
(9) No person shall move uphill on any passenger tramway or use any ski slope or trail while such person's ability to do so is impaired by the consumption of alcohol or by the use of any controlled substance, as defined in section 18-18-102 (5), C.R.S., or other drug or while such person is under the influence of alcohol or any controlled substance, as defined in section 18-18- 102 (5), C.R.S., or other drug.
(10) No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his or her name and current address to an employee of the ski area operator or a member of the ski patrol, except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his or her name and current address as required by this subsection (10) after securing such aid.
(11) No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator pursuant to section 33-44-107 (6).
(12) (a) Any person who violates subsection (3), (9), or (11) of this section commits a civil infraction and shall be punished by a fine of not more than one thousand dollars.
(b) Any person who violates subsection (10) of this section commits a petty offense.
Source: L. 79: Entire article added, p. 1243, § 1, effective July 1. L. 82: (9) amended, p. 255, § 17, effective May 3. L. 90: (1) and (2) amended, p. 1542, § 5, effective July 1. L. 2004: (6) and (10) amended, p. 1384, § 4, effective May 28. L. 2006: (12) amended, p. 130, § 1, effective July 1. L. 2012: (9) amended, (HB 12-1311), ch. 281, p. 1631, § 85, effective July 1. L. 2021: (12) amended, (SB 21-271), ch. 462, p. 3274, § 605, effective March 1, 2022.
Cross references: For the legislative declaration contained in the 1990 act amending subsections (1) and (2), see section 1 of chapter 256, Session Laws of Colorado 1990.
Notes of Decisions
Pizza v. Wolf Creek Ski Dev. Corp., 711 P.2d 671 (Colo. 1985).
· cites it 36× “He challenges the judgment on two grounds: that the Ski Safety Act of 1979, section 33-44-109(2), 14 C.R.S. (1984), is unconstitutional; 1 and that the trial court erred in giving certain jury instructions and not giving others.”
People v. Hall, 999 P.2d 207 (Colo. 2000).
· cites it 5× “A reasonable expert and experienced skier also might understand that in view of his duties under section 33-44-109, he must maintain enough control to avoid collisions with skiers below him on the slope.”
Hendrickson v. Doyle, 150 F. Supp. 3d 1233 (D. Colo. 2015).
· cites it 21× “Colo. Rev. Stat. § 33-44-109 (2), 4 Doyle states that the, Act .”
Stamp v. Vail Corp., 172 P.3d 437 (Colo. 2007).
· cites it 2× “Section 33-44-105 of the SSA is titled, "Duties of passengers" and section 33-44-109 of the SSA is titled, "Duties of skiers-penalties.”
Stone v. Life Time Fitness, Inc., 411 P.3d 225 (Colo. Ct. App. 2016).
· cites it 3× “2016; skiing, section 33-44-109, C.R.S. 2016; and spaceflight activities, section 41-6-101, C.”
Squires ex rel. Squires v. Goodwin, 829 F. Supp. 2d 1041 (D. Colo. 2011).
· cites it 2× “The First, Second, Third, and Fourth Claims for Relief against Defendant Goodwin allege negligence per se under the Ski Safety Act, Colo.Rev.Stat. § 33-44-109(2) and common law negligence.”
In Re: Michael Miller v. Crested Butte, LLC, 2024 CO 30 (Colo. 2024).
· cites it 2× “For example, the SSA broadly immunizes ski area operators against claims arising from the inherent dangers of skiing, § 33-44-109, C.R.S. (2023), while contemplating the availability of negligence claims relating to ski lift operation, §§ 33-44-103 to -104, C.”
Bayer v. Crested Butte Mountain Resort, Inc., 960 P.2d 70 (Colo. 1998).
· cites it 2× “See § 33-44-109, 9 C.R.S. (1997). The statute provides that "no skier may make any claim against or recover from any ski area operator for injury resulting from any of the inherent dangers and risks of skiing.”
Harris v. the Ark, 810 P.2d 226 (Colo. 1991).
· cites it 2× “1985) (construing section 33-44-109(2), 14 C.R.S. (1984)). 5 .”
Anderson v. Vail Corp., 251 P.3d 1125 (Colo. Ct. App. 2010).
· cites it 2× “The ski resort's argument that section 33-44-109(5), C.R.9.2010, creates a presumption that the skiers "have seen and understood all information posted" is unpersuasive because the statute conditions this presumption on "all information posted in accordance with this article.”
Johnson ex rel. Johnson v. Bodenhausen, 835 F. Supp. 2d 1092 (D. Colo. 2011).
· cites it 11× “See Colo.Rev.Stat. § 33-44-109(1) (“Each skier expressly accepts and assumes the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing.”
Squires ex rel. Squires v. Goodwin, 829 F. Supp. 2d 1062 (D. Colo. 2011).
· cites it 2× “Squires’ First, Second, Third, and Fourth Claims for Relief allege negligence per se under the Ski Safety Act, Colo. Rev. Stat. § 33-44-109 (2) and common law negligence against Defendant Goodwin.”
— Colo. Rev. Stat. § 33-44-109(1) — 4 cases
Johnson ex rel. Johnson v. Bodenhausen, 835 F. Supp. 2d 1092 (D. Colo. 2011).
“See Colo.Rev.Stat. § 33-44-109(1) (“Each skier expressly accepts and assumes the risk of and all legal responsibility for any injury to person or property resulting from any of the inherent dangers and risks of skiing.”
Hendrickson v. Doyle, 150 F. Supp. 3d 1233 (D. Colo. 2015).
“Colo. Rev. Stat. § 33-44-109 (2), 4 Doyle states that the, Act .”
— Colo. Rev. Stat. § 33-44-109(2) — 7 cases
Pizza v. Wolf Creek Ski Dev. Corp., 711 P.2d 671 (Colo. 1985).
“He challenges the judgment on two grounds: that the Ski Safety Act of 1979, section 33-44-109(2), 14 C.R.S. (1984), is unconstitutional; 1 and that the trial court erred in giving certain jury instructions and not giving others.”
People v. Hall, 999 P.2d 207 (Colo. 2000).
“A reasonable expert and experienced skier also might understand that in view of his duties under section 33-44-109, he must maintain enough control to avoid collisions with skiers below him on the slope.”
Squires ex rel. Squires v. Goodwin, 829 F. Supp. 2d 1041 (D. Colo. 2011).
“The First, Second, Third, and Fourth Claims for Relief against Defendant Goodwin allege negligence per se under the Ski Safety Act, Colo.Rev.Stat. § 33-44-109(2) and common law negligence.”
Harris v. the Ark, 810 P.2d 226 (Colo. 1991).
“1985) (construing section 33-44-109(2), 14 C.R.S. (1984)). 5 .”
Hendrickson v. Doyle, 150 F. Supp. 3d 1233 (D. Colo. 2015).
“Colo. Rev. Stat. § 33-44-109 (2), 4 Doyle states that the, Act .”
— Colo. Rev. Stat. § 33-44-109(5) — 2 cases
Anderson v. Vail Corp., 251 P.3d 1125 (Colo. Ct. App. 2010).
“The ski resort's argument that section 33-44-109(5), C.R.9.2010, creates a presumption that the skiers "have seen and understood all information posted" is unpersuasive because the statute conditions this presumption on "all information posted in accordance with this article.”
— Colo. Rev. Stat. § 33-44-109(8) — 1 case
Hendrickson v. Doyle, 150 F. Supp. 3d 1233 (D. Colo. 2015).
“Colo. Rev. Stat. § 33-44-109 (2), 4 Doyle states that the, Act .”
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